Members of a State Legislative Council (MLC) [2]must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be an enrolled voter of the state. A member may not be a Member of Parliament and Member of the State Legislative Assembly at the same time. A member must not hold any office of profit under the Government of India or the Government of any state. The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years. This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.[1]
Composition
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members. These members elect the chairman and Deputy Chairman of the State Legislative Council.
One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
Creation, abolition and roles of State Legislative Councils
According to the Article 169 of the Constitution of India, the Parliament of India can create or abolish the State Legislative Council of a state if that state's legislature passes a resolution for that with a special majority. As of 9 January 2024, 6 out of the 28 states have State Legislative Council.[1]
The existence of a State Legislative Council has proven politically controversial. A number of states that have had their Legislative Council abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the Legislative Council for a state have also met with opposition. Proposals for abolition or re-establishment of a state's Legislative Council require confirmation by the Parliament of India.
The Constitution of India gives limited power to the State Legislative Council. The State Legislative Council can neither form or dissolve a state government. The State Legislative Council also have no role in the passing of money bills. But some of the powers it has is that the chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.[1]
West Bengal Legislative Council (Abolition) Act, 1969
Proposed State Legislative Councils
There are currently 4 proposals for creation of Legislative Councils:[4]
Rajasthan Legislative Council - On April 18, 2012, Rajasthan Legislative Assembly passed a resolution to create a Legislative Council for the state of Rajasthan with 66 members. The Rajasthan Legislative Council Bill, 2013 was introduced in the Rajya Sabha on August 6, 2013, and has been referred to the Standing Committee on Law and Justice.[5]
Assam Legislative Council - on 14 July 2013, Assam Legislative Assembly passed a resolution for the creation of Legislative Council in the state of Assam with 42 members. The Assam Legislative Council Bill, 2013 was introduced in the Rajya Sabha on 3 December 2013.[9]
Criticism and support
The State Legislative Councils are criticised for being unnecessary. It is considered a burden on the state budget and cause delays in passing legislation.[1] State legislative council helps the defeated leaders to get a seat in the state legislature. This reduces the feeling of democracy, since the leaders are elected indirectly. These are the reasons why most of the states don't prefer legislative councils.
Other states support the establishment of legislative councils, arguing that they represent the local governments and also give voice to people having expertise in various fields (through Gubernatorial nominations).